Supreme Court

March 8, 2019 

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THE SUPREME COURT OF TEXAS
Orders Pronounced March 8, 2019
 
ORDERS ON CAUSES
17-0058
LARRY EDDINGTON, VINCENT J. AURENTZ, AND WILLIAM J. BUTLER v. DALLAS POLICE AND FIRE PENSION SYSTEM AND WILLIAM F. QUINN, IN HIS OFFICIAL CAPACITY AS BOARD CHAIR; from Dallas County; 5th Court of Appeals District (05-15-00839-CV, 508 SW3d 774, 12-13-16)
 
The Court affirms the court of appeals' judgment.

Chief Justice Hecht delivered the opinion of the Court.
 
(Justice Guzman and Justice Brown not sitting)
17-0409
CHARLES J. HUGHES v. TOM GREEN COUNTY; from Tom Green County; 3rd Court of Appeals District (03-16-00132-CV, 553 SW3d 1, 04-20-17)
 
The Court reverses the court of appeals' judgment and remands the case to the trial court.

Justice Devine delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Guzman, and Justice Blacklock joined.

Justice Boyd delivered a concurring opinion, in which Justice Lehrmann and Justice Brown joined.
17-0660
ROSENBERG DEVELOPMENT CORPORATION v. IMPERIAL PERFORMING ARTS, INC.; from Fort Bend County; 14th Court of Appeals District (14-16-00978-CV, 526 SW3d 693, 07-06-17)
 
The Court affirms the court of appeals' judgment.

Justice Guzman delivered the opinion of the Court.

Chief Justice Hecht delivered a concurring opinion.
17-0835
DALLAS SYMPHONY ASSOCIATION, INC. A/K/A DALLAS SYMPHONY ORCHESTRA v. JOSE REYES; from Dallas County; 5th Court of Appeals District (05-16-00294-CV, 565 SW3d 38, 04-18-17)
 
2 petitions
 
The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court.

Chief Justice Hecht delivered the opinion of the Court.
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
18-1109
GARY MACHETTA v. THE HONORABLE LISA A. MILLARD, 310TH DISTRICT COURT JUDGE; from Harris County; 1st Court of Appeals District (01-17-00857-CV, ___ SW3d ___, 10-25-18)
 
18-1131
VERNIE CALDWELL MARSHALL II AND MARSHA MARSHALL v. ENTERPRISE BANK, HERMAN DUHR, JR., AND JAMES HUDSON, INDIVIDUALLY; from Falls County; 10th Court of Appeals District (10-16-00379-CV, ___ SW3d ___, 09-05-18)
 
18-1172
MOHAMED AHMED v. HINGA MBOGO; from Dallas County; 5th Court of Appeals District (05-17-00457-CV, ___ SW3d ___, 07-30-18)
 
18-1213
IN THE INTEREST OF J.S. AND R.S., CHILDREN; from Wichita County; 2nd Court of Appeals District (02-18-00164-CV, ___ SW3d ___, 11-08-18)
 
19-0043
THEODORE STILLWELL v. DAWN STILLWELL; from Hays County; 3rd Court of Appeals District (03-17-00457-CV, ___ SW3d ___, 10-17-18)
 
19-0065
IN THE MATTER OF THE MARRIAGE OF BOBBY R. WILLIAMS, SR. AND YOLANDA WATERS WILLIAMS; from Panola County; 6th Court of Appeals District (06-18-00041-CV, ___ SW3d ___, 12-07-18)
 
19-0181
IN THE INTEREST OF R.G.M.R., A CHILD; from Bexar County; 4th Court of Appeals District (04-18-00507-CV, ___ SW3d ___, 01-16-19)
THE FOLLOWING PETITIONS FOR REVIEW ARE ABATED:
18-0028
MACINA, BOSE, COPELAND AND ASSOCIATES D/B/A MBC ENGINEERS, MCCORD ENGINEERING, INC., JORDAN & SKALA ENGINEERS, INC., SAGE GROUP, INC., AND SAGE ARCHITECTURE, INC. v. ERIKA YANEZ, INDIVIDUALLY AND AS NEXT FRIEND OF JOSE MANUEL LOPEZ, E.L.Y., A MINOR X.L.Y., A MINOR, AND SAMUEL MEJIA; from Dallas County; 5th Court of Appeals District (05-17-00180-CV, ___ SW3d ___, 10-26-17)
 
unopposed motions to abate, for partial lift of stay, and limited referral to trial court, granted
4 petitions
abatement order issued
 
[Note: This case is removed from the Court's active docket until May 7, 2019, by which time the parties must file a status report or a motion to dismiss.]
 
19-0170
MICHAEL ALAN TAYLOR v. BOBBY WAYNE LINDAMOOD, JR.; from Tarrant County; 2nd Court of Appeals District (02-18-00126-CV, ___ SW3d ___, 12-31-18)
 
abatement order issued
 
[Note: This case is abated until further order of this Court and is removed from the Court’s active docket. The parties shall immediately notify this Court once the motion en banc is ruled on.]
THE FOLLOWING PETITION FOR REVIEW IS DISMISSED FOR WANT OF JURISDICTION:
18-1162
CAROLYN SOVANN v. RESIDENCE AT GARDEN OAKS; from Harris County; 1st Court of Appeals District (01-18-00465-CV, ___ SW3d ___, 10-16-18)
 
See TEX. R. APP. P. 53.7(a)
ORDERS ON MOTIONS FOR REHEARING
THE MOTIONS FOR REHEARING OF THE FOLLOWING PETITIONS FOR REVIEW ARE DENIED:
18-0391
DWAYNE R. DAY, P.C. AND DWAYNE R. DAY v. DONALD YOUNG AND DORIS YOUNG; from Galveston County; 1st Court of Appeals District (01-16-00325-CV, ___ SW3d ___, 03-27-18)
 
18-0667
JAMES ALLEN PELLOAT v. KATHERINE MCKAY BOLENBAUCHER; from Jefferson County; 9th Court of Appeals District (09-17-00415-CV, ___ SW3d ___, 05-24-18)
 
18-0671
CAROLYN CASTERLINE v. ONEWEST BANK, F.S.B.; from San Patricio County; 13th Court of Appeals District (13-17-00118-CV, ___ SW3d ___, 04-12-18)
 
18-0945
IASIS HEALTHCARE CORPORATION AND SJ MEDICAL CENTER, LLC D/B/A ST. JOSEPH MEDICAL CENTER v. ALAN PEAN; from Harris County; 1st Court of Appeals District (01-17-00638-CV, ___ SW3d ___, 06-21-18)
 
18-1088
DARRELL J. HARPER v. HARRIS COUNTY TAX ASSESSOR COLLECTOR, ANN HARRIS BENNETT, AND HARRIS COUNTY APPRAISAL DISTRICT, CHIEF APPRAISAL, ROLAND ALTINGER; from Harris County; 14th Court of Appeals District (14-18-00776-CV, ___ SW3d ___, 10-23-18)
 
18-1158
SAMARA PORTFOLIO MANAGEMENT, LLC AND JOSEPH ONWUTEAKA v. NEDA ZARGARI; from Travis County; 13th Court of Appeals District (13-17-00049-CV, ___ SW3d ___, 06-14-18)
THE MOTION FOR REHEARING OF THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
18-1112
IN RE DAVID MCINTYRE AND MADELEINE CONNOR; from Travis County; 13th Court of Appeals District (13-17-00565-CV, ___ SW3d ___, 09-06-18)
MISCELLANEOUS
THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:
19-0038
IN RE VIRGINIA CASTILLO; from Bexar County; 4th Court of Appeals District (04-18-00654-CV, ___ SW3d ___, 11-28-18)